There is an interesting trend of ISPs selling broadband products that are not always guaranteed to be at the same speed and quality as other customers.

Throttling customer speeds is not new to the industry. Some of the companies that with long-time data caps throttle data to slow speeds after a customer reaches the monthly allowance of usage. Most such ISPs offer an alternative for customers to buy extra broadband to maintain their normal speeds. Some of the companies that have had this practice include the high-orbit satellite providers, cell carriers providing hotspot plans, and a handful of others. Many companies with data plans don’t throttle speeds and just automatically bill more for going over the data cap.

I’ve noted this practice again in recent years from the big FWA cellular providers that sell home broadband using cellular spectrum. AT&T, T-Mobile, and Verizon have all reserved the right to throttle customers any time that the network gets too busy. For example, from the terms from T-Mobile, “During network congestion, some T-Mobile internet customers might notice slower speeds, including Home Internet customers” Home Internet is the FWA home broadband product.

I’ve been able to observe examples of them doing this. I’ve seen speed tests from customers using FWA that have speeds over 200 Mbps during the year who occasionally get throttled down to just a few Mbps. I think these customers are surprised every time this happens and probably don’t understand or remember that the throttling is a part of the terms they agreed to.

It’s easy to understand why cellular companies would throttle home broadband customer first – they are protecting their cellular customers. I’m sure all of the FWA providers are happy with the new revenues coming from FWA, but T-Mobile is not going to let the home broadband for 6.4 million FWA customers threaten the experience of 130 cellular customers.

Starlink also throttles certain customers. One of the features of Starlink’s Away plan for campers and hikers is that Starlink reserves the right to throttle data usage if the network gets too busy. It’s also easy to understand this. As the RV products becomes more successful, it’s not hard to imagine a lot of campers coming together at the same location wanting to connect to Starlink. That traffic alone could overload a particular satellite, but Starlink is also shielding its customers who live in the same region and who are paying full price.

Starlink also reserves the right to throttle customers who buy its new ‘Residential Lite’ product for $80 per month. Rather than mention throttling, Starlink calls it deprioritization, “This service plan will be deprioritized compared to Residential service during peak hours. This means speeds may be slower for Residential Lite service relative to Residential service when our network has the most users online”. This term is at the top of the company’s advertising for the product, and they want customers who want the lower rate to recognize what comes with the plan. The company is making it clear that there are trade-offs for getting the lower price.

I’ve been thinking about all of these plans and net neutrality. One of the key features of the national net neutrality plan was that ISPs couldn’t engage in paid prioritization, meaning that a customer could not be charged more to be guaranteed a better connection.

It’s not clear to me that this practice violates that principle. In the case of the FWA products, every customer buying the FWA product runs the risk of having data throttled – there is no other class of customers with higher priority unless it’s cellphone customers. Starlink is a little different in that customers can save money by agreeing to possibly be throttled. Is having customers agree save money by being deprioritized the same as charging somebody else more to get a better priority?

It certainly doesn’t matter at the federal level since the Courts recently killed the appeal to the FCC’s net neutrality case – and the FCC would have killed net neutrality anyway if the Courts didn’t do it. It is a more germane question in California which adopted a state net neutrality plan that largely mimics the federal rules.